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European Union Case Law

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Data protection law

Bisdom Gent VZW v Gegevensbeschermingsautoriteit

Advocate General Medina proposes that GDPR applies to baptismal registers and may support erasure where a baptized adult objects, subject to strict balance and Article 89 safeguards.

  • Gdpr applicability
  • Baptismal register
  • Right to erasure
  • Right to object
  • Archiving in the public interest
  • Historical research
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European union law

Premium Food Kebab sp. z o.o. v Cydonia sp. z o.o.

The Court held that Directive 2011/7 does not bar refusal of the EUR 40 fixed sum where the creditor’s conduct amounts to proven abuse of EU law.

  • Directive 2011/7/eu
  • Late payment in commercial transactions
  • Fixed minimum sum eur 40
  • Compensation for recovery costs
  • Abuse of rights
  • Late-payment
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European union law

Axel Dris v Gouvernement de la Communauté française

The Court held that a Belgian quota limiting non-resident students in first-year medical studies breaches Articles 18 and 21 TFEU when it ignores schooling completed in Belgium.

  • Citizenship of the union
  • Access to university medical studies
  • Quota for non-resident students
  • Indirect discrimination on grounds of nationality
  • Proportionality
  • Union-citizenship
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Asylum law

Minister van Asiel en Migratie v UB

The Court held that EU law precludes automatic suspension of asylum applications by beneficiaries of temporary protection, though limited exceptional deferral may be possible.

  • Temporary protection
  • International protection applications
  • Decision-making time limits
  • Suspension of asylum procedure
  • Directive 2001/55/ec
  • Directive 2013/32/eu
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Civil procedure

WT v MR, YF, EZ

The Advocate General proposes that a Swiss debt recovery payment order is not a “judgment” under the Lugano II Convention because the authority lacks judicial functions.

  • Lugano ii convention
  • Concept of judgment
  • Concept of court or tribunal
  • Swiss debt recovery and insolvency proceedings
  • Order for payment
  • Preliminary ruling
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Consumer protection

Stichting Woonstichting Lieven de Key v BS

A tenant could still be ordered to pay costs under national procedural rules after an unfair lease costs clause was struck out, because those rules were not a substitute for the clause.

  • Unfair terms in consumer contracts
  • Lease agreement
  • Allocation and taxation of costs
  • Preliminary ruling
  • Principle of effectiveness
  • Unfair-terms
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Competition law

Silgan Holdings Inc. and Others v European Commission

The Court of Justice dismissed Silgan’s appeal against the Commission’s competition decision, upholding the re-allocation of the case under Article 11(6) Regulation 1/2003.

  • Article 101 tfeu
  • Article 11(6) of regulation (ec) no 1/2003
  • Subsidiarity
  • Good administration
  • Reasonable time
  • Misuse of powers
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Eu civil service law

HP v European Commission

The General Court dismissed HP’s challenge to the Commission’s refusal to include her on the certification training list and rejected her damages claim.

  • Certification procedure
  • Annulment action
  • Obligation to state reasons
  • Right to be heard
  • Equal treatment
  • Legal certainty
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Environmental law

Dryade VZW and Others v European Commission

The General Court partly annulled the Commission’s internal-review refusal, finding the maritime methane-slippage criterion lacked a necessary threshold or limit.

  • Aarhus convention internal review
  • Taxonomy regulation
  • Technical screening criteria
  • Precautionary principle
  • Manifest error of assessment
  • Aviation sector
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European Union decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.